TYSON v. STATE

No. 93-2555.

646 So.2d 816 (1994)

Tracy S. TYSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 8, 1994.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Thomas Falkinburg, and Amelia L. Beisner, Asst. Attys. Gen., Tallahassee, for appellee.


PER CURIAM.

This appeal arises from the conviction and sentence of appellant Tracy S. Tyson for "attempted culpable negligence." We reverse and remand because one cannot be convicted of a nonexistent crime.

Tyson was charged with culpable negligence under section 784.05(3), Florida Statutes, for exposing a person to injury by leaving a loaded firearm within easy access of a minor, where the minor used the firearm to inflict injury on that person. Following...

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